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Federal Judge Issues TRO to Keep NCAA From Enforcing Transfer, Reinsitution Rules

NCAA Womens Basketball: NCAA Tournament-Albany Regional-UCLA vs Connecticut

According to several reports, District Judge John P. Bailey issued a Temporary Restraining Order against the NCAA on Wednesday afternoon, preventing them from enforcing their current transfer rules.

The restraining order will last for 14 days, with the hearing for permanent injunction set for December 27, 2023. Judge Bailey also ruled that the NCAA could not keep the player(s) and school(s) from playing second-time transfers in this 14-day window.

Ohio Attorney General Dave Yost, who is working with counterparts in six other states as part of an antitrust lawsuit against the NCAA, was happy with the outcome, describing the decision as “only fair and right.”

 

“Competition is good,” Attorney General Yost said in a news release. “Thank you, Judge Bailey, for recognizing that and allowing the kids to play.”

Under the NCAA rule, college athletes who transfer between Division I schools must sit out one year to compete. Since the NCAA began automatically exempting first-time transfers after a rule change in 2021, the rule has mostly been enforced only against second-time transfers.

The lawsuit is based on the argument that the rule is applied arbitrarily, with some waivers granted and others being denied for no legitimate reason. On top of that, it appears the NCAA can no longer plausibly substantiate the rule’s original justifications. Additionally, the seven-state coalition is arguing that the rule unfairly restricts athletes’ ability to market their personal brand and control their education.

 

“We’re challenging the rule to restore fairness, competition and the autonomy of college athletes in their educational pursuits,” Yost said.

The restraining order will allow all two-time transfer players who are currently sitting out, namely West Virginia guard RaeQuan Battle, to play without being penalized.

This isn’t a resolution to the issue though, as the hearing on December 27 must rule in the players’ favor to make it permanent, but this is a huge step towards making things right.

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